Fraser-Kirk was the flirt, says McInnes

Former
David Jones
chief executive
Mark McInnes
has denied he made “unwelcome" sexual advances to publicist Kristy Fraser-Kirk, and the company accused her of flirting with him.

In his much-awaited legal response to the sensational sexual harassment claims against him, Mr McInnes did not address the details of the allegations but implied there were holes in her story. Mr McInnes resigned after the allegations were made in June. His defence was filed on Friday in the Federal Court.

The former CEO said he did not make “unwelcome comments of a sexual nature" during a lunch to celebrate the renewal of a contract between Gai Waterhouse and the Sydney-based retailer.

He said Ms Fraser-Kirk initiated a conversation at the lunch and she hugged other employees in the “same manner" as she hugged him. She has alleged he described a dessert at the function as being like a “f--- in the mouth".

In its defence, David Jones said Ms Fraser-Kirk was “witnessed engaging with [Mr McInnes] in a flirtatious manner" during the lunch, and she “was witnessed smiling as she walked away" from Mr McInnes after she hugged him.

After the lunch, Ms Fraser-Kirk told her supervisor and DJs’ public relations general manager “in a light-hearted and jovial tone and without complaining that [Mr McInnes] had asked her to go for a drink with him at North Bondi".

Ms Fraser-Kirk has said she was “required" to attend a function for La Prairie cosmetics, where she says the CEO propositioned her. DJs said she told her supervisor she would “love to go".

The DJs board also denied it engaged in misleading and deceptive conduct by failing to correct statements made by chairman
Bob Savage
.

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Neither DJs nor Mr McInnes responded to allegations made by unnamed women in the claim. DJs said the allegations were “deficient and embarrassing".

Ms Fraser-Kirk’s spokesman declined to comment on Friday.

She was criticised in the Federal Court on Friday for adding in support of her claim seven unnamed women who also allege they have been sexually harassed by Mr McInnes without knowing whether they are willing to give evidence in court. Rachel Francois, for Ms Fraser-Kirk, said at least one had not given express consent for her name to be released.

Justice Geoffrey Flick said her solicitors should have been satisfied before the claim was lodged that “each of the persons otherwise unnamed should have been willing to give evidence".

“Otherwise the allegation should not have been made," he said.

On Friday, Ms Francois tried to submit a document from one of the women. She said she wanted the evidence to be kept confidential because the woman had a “recognised psychiatric illness" and “her health is paramount".

The judge said twice he was concerned that Ms Fraser-Kirk’s side “has had its say" and Mr McInnes “in particular is at this stage being denied the opportunity to have his say" because he did not know who the women were.